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Is it wrong for her to do so before going into a nursing home or should I put property in my name? Until he’s of age? I am executor of her will and POA, how can I do this to protect his gift? Thank you and any help is appreciated.
This is a question for a trust and estate attorney.
Ideally, you never want to sign a house over to someone because of the capital gains tax implications. However, since the house isn't worth much, that may not be such an issue. Still, check with an attorney, because a minor probably shouldn't own a house solely in his name.
In my opinion, you should sell the house, then she can bequeath the money to the boy. More specifically, have her add an addendum to her will that the house be sold and the proceeds be given to him. She can just write a typed-up version of that wish, and sign it with a notary present. That's if she's competent, of course.
Anita if he is only 9 then I think you could go on as normal.. it;s not deeded to him as she said this verbally to you. If she is still alive and thinking this when he older then deal with it. Or buy it from her now at the going rate, with a deed that lists him as inheritor ( or whatever your lawyer says)
Anita53, your Aunt could live another decades and find she may need caregivers to help her or move into Assisted Living, both of which can be expensive. If that happens, your Aunt would need to sell her home to use the equity to pay for her care.
Thankyou Alvadeer, grandson is only 9 and it is just verbal , from her to me saying she wanted him to have it...not in the will. She lives with us currently, and we are asking because we’re unsure if he’ll be able to keep it at all in the future , she’s 87 and on the decline sadly
If it isn't in writing it doesn't count. The property will go to whoever is listed as her beneficiary: 1) on the property's title for transfer on death, 2) as specified in will directly or as part of residual (unspecified items) estate, 3) per intestate laws of state if no will.
IF you actually inherit something, then you can worry about her verbal instructions to you.
Is the aunt not dead? Because if she did this "gifting" to ANYONE prior to her entering into a nursing home it would prevent her getting medicaid if it is needed in the next years. I am hoping that isn't the case, or that she doesn't/won't need help. As executor of the will you cannot manipulate what the will says. If she left her grandson the home then it is his. You don't mention his age, or his ability to upkeep and pay taxes on a home. Such information would help. But just do know you cannot change your Aunt's wishes in this matter either before or after her death. Not certain I am understanding exactly what the situation is here. A bit more info would help.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Ideally, you never want to sign a house over to someone because of the capital gains tax implications. However, since the house isn't worth much, that may not be such an issue. Still, check with an attorney, because a minor probably shouldn't own a house solely in his name.
In my opinion, you should sell the house, then she can bequeath the money to the boy. More specifically, have her add an addendum to her will that the house be sold and the proceeds be given to him. She can just write a typed-up version of that wish, and sign it with a notary present. That's if she's competent, of course.
1) on the property's title for transfer on death,
2) as specified in will directly or as part of residual (unspecified items) estate,
3) per intestate laws of state if no will.
IF you actually inherit something, then you can worry about her verbal instructions to you.
As executor of the will you cannot manipulate what the will says. If she left her grandson the home then it is his. You don't mention his age, or his ability to upkeep and pay taxes on a home. Such information would help. But just do know you cannot change your Aunt's wishes in this matter either before or after her death.
Not certain I am understanding exactly what the situation is here. A bit more info would help.